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Women must know about divorce in texas

6 Things a Woman Must Know About Divorce in Texas

Every state is unique in how it adjudicates divorce, adding to the headache of getting on with life-after-marriage. And the Lone Star state, as you might expect, has its own unique rule book. There are several things a woman must know about divorce in Texas if she is going to avoid painful surprises. We’re going to look at six of them.

From waiting periods to custody to the division of assets, it’s imperative that a woman goes into her divorce with eyes wide open. And, if that woman is you, the time to educate yourself and prepare is now.

Even if you’re still in the not-sure stage, there is a checklist of things to do if you are contemplating divorce. The fact that “the big D” is stirring around in your mind may be the shoulder-tap you need to work on your marriage.

But, if you are past the point of possible resolution, it’s time to bring your A-game. The more informed and prepared you are, the better you (and your children) will be going forward. So embrace the unembraceable with wisdom, dedicated research, and unflappable self-advocacy.

Let’s look at six important things a woman must know about divorce in Texas.

 

  1. Grounds for divorce. 

There are seven grounds (reasons) for divorce in Texas, but only the first one is considered “no-fault.” The remaining grounds can influence judgment regarding things like division of assets and child guardianship. (Obviously these grounds can apply to either or both spouses. And most couples opt for a no-fault divorce.)

    1. You have irreconcilable differences. “No one’s at fault, but we just can’t live together or get along anymore.”
    2. There is emotional and/or physical abuse (“cruel treatment”) that makes staying in the marriage unsafe and/or unbearable.
    3. Your spouse has cheated on you.
    4. Conviction of a felony. During the marriage, your spouse was convicted of a felony and incarcerated for at least a year without pardon.
    5. Your spouse has been gone for more than a year with the intention of leaving you forever.
    6. Living apart. You and your spouse have lived apart, without cohabitating, for at least three years.
    7. Confinement in a mental hospital. At the time of filing, your spouse has been confined to a mental hospital for at least three years without a prognosis of improvement.

2. Mandatory waiting period vs. reality. 

Texas family courts aren’t in a rush to finalize divorces. Expect to wait a minimum of 60 days from the date of filing for your divorce to be final. However, the average wait is six months to a year, depending on the complexity of the divorce and degree of conflict.

The only exception to the 60-day waiting period is one of two specific criteria involving domestic violence.

3. Legal separation? Not in Texas. 

In Texas, you’re either married, or you’re not. Or so says the law. That means that all assets and debts, whether accumulated while together or separated, are considered communal property at the time of divorce.

This is important to keep in mind if you’re thinking that a separation will give you time to think, experiment with singlehood, or side-step divorce.

You could end up liable for expenses your spouse accrues on a separate credit card, for example. You could also have to divide income and benefits you accumulate while “kind of” living on your own.

4. Alimony? Good luck.

One of the most important things you, as a woman, must know about divorce in Texas is that there is no court-ordered alimony. Texas courts call this “judicially imposed allowance,” and they don’t award it. What the courts refer to as “maintenance” comes with specific criteria.

Three examples that don’t involve the specific conditions of domestic violence include:

    1. You will not have enough property to provide for your minimal needs after the divorce. (Note: not “the lifestyle to which you are accustomed.”)
    2. You have been married 10 or more years and are unable to provide for your minimal needs. (This is particularly relevant to women who forfeited careers to care for children or elders.)
    3. You have a child that requires extensive supervision because of a physical or mental illness.

For women seeking structure, guidance, education, and support as they “contemplate” …. or begin the actual divorce/separation process, we invite you to consider Annie’s Group, our powerful, virtual, group coaching program for women only.

Annie’s Group provides support, education and a community of like-minded, resourceful women, so you feel less alone. Read more about Annie’s Group here. 


5. Custody arrangements.

The preferred and usual custodial arrangement in Texas is joint custody. The underlying desire is for children to have an equal relationship with both parents, even if they live primarily with one.

In a coparenting arrangement, both parents make decisions and have responsibility for the children. And the children live with each parent for at least 35% of the year.

While “joint managing conservatorship” is the court’s preference, the best interest of the children trumps all other considerations.

Finally, divorcing parents of minor children are required to complete a parenting class before a divorce is granted. Its intention is to help parents and children through the painful process of divorce. The class is available online.

6. Division of assets (and debts).

Texas is considered a “community property” state, which implies an equal division of both assets and debts.

However, special considerations can be taken into account by the judge. For example, the degree of disparity between income and earning potential can influence an unequal division.

Similarly, the physical capacity of both parties, nature of assets, and fault in the marriage’s breakup may be taken into consideration.

When it comes to the division of debt, it’s important to know that a divorce decree means nothing to creditors.

To assure that you aren’t left paying off mutual debts alone, it may be wise to divide responsibility for debts as part of the divorce.

Finally, it would be in your best interest to have a financial advisor or attorney go over your community assets with you. The timing of the acquisition of retirement benefits, for example, can determine what you are owed in the divorce.

There are a lot of things a woman must know about divorce in Texas before signing off on the next phase of her life.

 

Since 2012, smart women around the world have chosen SAS for Women to partner them through the emotional, financial, and oft times complicated experience of divorce and reinvention. SAS offers women six FREE months of email coaching, action plans, checklists and support strategies for you, and your future. Join our tribe and stay connected.

 

A woman thinking about asking for financial help with a divorce

How a Certified Divorce Financial Analyst Can Help with a Divorce

Dividing a house, retirement accounts, alimony, child support—all the financial issues that come up in a divorce can leave your head spinning. The process of going through a divorce is incredibly stressful, regardless, but if you’re not comfortable talking about money, facing the topic of splitting up your finances can be downright miserable. You may be wondering how to plan for your financial life after the divorce, how to divide your assets, who gets the primary residence, and how to negotiate spousal support. Having a financial professional on your team to help with a divorce can reduce your stress while allowing you to achieve the best possible financial outcome.

Getting financial help with a divorce is critical as studies have shown that women experience disproportionate losses in income as a result of divorce, increasing their risk of poverty.

When facing a divorce, a person’s first instinct is often to get an attorney involved. While there’s no substitute for sound legal advice, many of the decisions made in a divorce are financial in nature. Having support from someone well-versed in divorce financial planning and analysis (such as a Certified Divorce Financial Analyst) can save you a lot of frustration—it can also save you money on legal fees.

What is a Certified Divorce Financial Analyst?

A Certified Divorce Financial Analyst (CDFA) has extensive training in the financial issues of divorce. The credential is awarded by the Institute for Divorce Financial Analysts and requires extensive work experience and education. These professionals are trained to help you navigate any and all money issues that come up before, during, and after divorce. A CDFA can serve as a financial advocate for just you or as a neutral person who works with both you and your Ex. However, it’s important to remember a CDFA is a financial professional who can’t replace sound legal advice.

What does a Certified Divorce Financial Analyst do?

A CDFA is responsible for looking at your finances, considering the best way to divide assets, and helping you determine the short- and long-term implications of your divorce settlement. By doing so, a CDFA can help alleviate the fear of the unknown. She’ll prepare a financial plan for you based on various scenarios. Having that plan in place will offer you a great sense of confidence (or a reality check, if needed) as you face your financial future.

While every situation is different, the responsibilities of your CDFA may include some or all of the following.

Division of assets

The division of assets during a divorce is more than just a simple split down the middle. Many times, there’s no easy way to split an asset that both you and your Ex want. Your home, furniture, vehicles, among others, come with memories and security that neither of you may want to let go of.

In addition to those physical assets you have, there are financial assets that need to be divided, such as bank accounts, retirement accounts, and life insurance policies. Pensions are commonly the largest asset dealt with in a divorce. Any and all of the pension earned during the marriage is considered marital property and is considered divisible as part of the divorce settlement either by dividing the pension itself or offsetting the value with other assets.

A CDFA will sort out all the details and help you and your Ex determine the best ways to maximize your assets while minimizing the tax impact of your division.

Marital property

If you live in an equitable division state (41 of 50 states are), a couples’ marital assets (those accumulated during the marriage) will need to be divided equitably or fairly. In community property states, marital property is split 50/50. A CDFA can support you and your attorney by determining which items are marital assets and which ones are separate.


If you are wondering about your home and who gets it, you’ll want to read Should You Keep the House During the Divorce?


For example, any money contributed to a 401(k) during the marriage is considered marital property. However, if the account was started before the marriage, a portion of the account may be regarded as separate. The actual definition of what is considered separate property varies somewhat from state to state. Money and things you had before your marriage, gifts you’ve received over the years, and more can complicate an already stressful situation if you don’t have someone to help with a divorce and provide clear guidance on these issues.

Alimony (aka Spousal Support/Spousal Maintenance)

If your Ex provided the primary income, suddenly concerns of how to pay for the house, cover your bills, or whether you’ll have to get another job are at the forefront of your mind. While some states do provide a calculator to determine alimony that will be awarded to the lower income spouse, many do not. In fact, in many states, the issue of alimony is pretty gray.

Some of the factors that contribute to spousal support (depending on the state) include:

  • Your income
  • Health (emotional, physical, and mental)
  • Retirement benefits
  • Length of marriage
  • Childcare status
  • Education
  • Assets and liabilities

When you have a CDFA on your team to help with a divorce, she can do the calculations and give you confidence with projections for how much spousal support is needed compared to how much is available to be paid.

Tax implications of the divorce settlement

Any change in income or accumulation of significant assets can have tax implications as well. In the case of divorce, that’s definitely true. Going from two incomes to one, eliminating an income, or taking on the primary residence all have tax implications. A CDFA will walk you through those challenges so that there’s no guesswork when it comes to that first tax season on your own.

Additional tasks

Additionally, your CDFA will help with a divorce by providing analysis of the settlement, identifying if any information has not been disclosed, and pointing out areas of financial risk in the agreement. A CDFA can also guide you to make decisions that will help your credit score and not hurt it. By hiring a CDFA, you know that your entire financial situation has been evaluated, and you’ll walk away with a clear picture of what your financial future holds.

How is a CDFA paid?

In terms of cost, the fees for CDFA vary widely. Some offer services on an hourly basis, while others offer flat-fee packages. Hourly rates generally range from $150 to $500 per hour depending on the CDFA’s level of experience and the region of the country they work in. Flat fees are typically based on the financial complexity of the case and the extent of the work involved.

To find a CDFA near you, visit the Institute for Divorce Financial Analysts (IDFA) website. At the top of the screen, you’ll see a link to “Find a CDFA.” You can then search either by name or by zip code. Many CDFAs also offer virtual services if there is not one in your area.

Your Certified Divorce Analyst can make financial decisions easier

While CDFA professionals can help with a divorce at any point in the process, choosing to work with a CDFA before deciding how you will proceed makes good financial sense. Not only will it save you both time and money throughout the divorce process, but your CDFA will help you and your soon-to-be Ex work out a divorce settlement that is amicable and fair for both of you. Additionally, she will make the process easier to deal with so that you can focus on the things that matter most to you, whether that’s your kids, your family, or your well-being.

 

Leah Hadley is an experienced mediator, Accredited Financial Counselor, Certified Divorce Financial Analyst, and a Master Analyst in Financial Forensics. After going through her own divorce after ten years of marriage, her goal is to ease the stress of divorce by making the process as painless as possible for couples and individuals alike. When she’s not working, Leah loves spending time with her family, taking her kids on road trips, and volunteering with various organizations like the PTA, NAWBO and Girl Scouts. You can find out more about Leah and her services by visiting her website, Great Lakes Divorce Financial Services.

 

Woman in a suit

Wait, What? Yep, Women Pay Alimony, Too

Is your soon-to-be ex-husband asking for alimony or spousal maintenance?

Actually, you are not alone, women pay alimony, too.  Official and current statistics don’t exist, but in my experience and in an informal survey of attorneys and mediators in my circle, it’s not only happening but in fact, women who will have to pay alimony is on the rise.  I see it in about ten percent of cases, which makes sense, as according to the Bureau of Labor Statistics, women are now the primary breadwinners in one-third of all marriages.

I find that while men aren’t happy to pay alimony, they aren’t exactly surprised either.  Women are shocked and furious.  Here is a sampling of the reactions I hear to the news:

“His attorney said they would ask for alimony.  Can they DO that?”

“I make more now, but he could make more money if he tried.  He’s just lazy.”

“Why should I pay him money to sit on his a**?!?”

Under what circumstances would you have to pay alimony?

If you make a lot more money than he does, and you’ve been married for more than 10 years, prepare yourself for the possibility that you will be paying him maintenance.  You might have been working harder all through the marriage, but unfortunately that’s not how it works.

What may seem like a horrible injustice is actually just (mostly) math

In New York state (as with many others), there are guidelines and a formula to follow.  A great tool to use to get a sense of things is to check out this online calculator.

However, that’s just a place to start. The courts do look at other factors when making a decision about support, including:

• the length of the marriage

• each spouse’s age and health status

• each spouse’s present and future earning capacity

• the need of one spouse to incur education or training expenses

• whether the spouse seeking maintenance is able to become self-supporting

• whether caring for children inhibited one spouse’s earning capacity

• equitable distribution of marital property, and

• the contributions that one spouse has made as a homemaker in order to help enhance the other spouse’s earning capacity.

It sounds fair if you aren’t living it.  What is not in the formula?

• If he cheated on you

• If you were a saver and he spent all your money

• If you already feel he’s been sponging off you for years

• If he’s underemployed or worse, unemployed and you still do more of the cooking and cleaning around the house.

Unfortunately, the “fairness” of it all can’t be quantified nor corrected by the courts. In trying to create an equitable system, it turns out that lazy husbands can look to you for alimony or maintenance during separation proceedings. The simple reality is, sometimes women pay alimony too.

What to do now

If you are unsure of how your divorce will affect you financially, help is available.

A Certified Divorce Financial Analyst (CDFA) can work with you to project the financial implications of your divorce, while your attorney focuses on the legal issues. Setting a realistic budget and understanding the tax and investment details before your divorce is finalized will allow you to start off on the right foot financially.

Sara Stanich is a Certified Financial Planner (CFP®) practitioner and Certified Divorce Financial Analyst (CDFA™) based in New York City. She specializes in helping parents understand their options and make informed decisions surrounding the financial aspects of divorce.  Learn more or schedule a free consultation at PowerOverDivorce.com.